Allahabad Court December 2011 Judgments

Zulfiquar HussaIn Vs. Madan Gopal Chopra

Court: Allahabad

The landlord-applicant instituted S.C.C. Suit No. 35 of 2004 for recovery of arrears of rent, damages and ejectment of defendant-tenant from Shop No. 3 situate in House No. 33/127, Gaya Prasad Lane, Meston Road, Kanpur Nagar on the allegations that the defendant-tenant has failed to pay the rent in spite of service of notice determining the tenancy. The suit was decreed ex parte as the defendant-tenant failed to appear and contest the suit, for recovery of arrears of rent due from 16th September, 2003 to 15th October, 2003 at the rate of Rs.1800/- per month and from 16th October, 2003 to 22nd April, 2004 at the rate of Rs.200 per day as damages, total Rs.38,000/- and for future damages at the rate of Rs.200/- per day along with costs of the suit by the judgment and decree dated 22nd May, 2005. On 23rd January, 2006, an application to set aside the ex parte decree under Order 9 rule 13 C.P.C., was filed by the defendant-tenant. On the next day, another application dated 24th January, 20...

National Insurance Co. Ltd. Vs. Harveer and Others

Court: Allahabad

Reported in: 2012(1)TNMAC872

The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act") against the judgment and order / award dated 30.4.2011 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Petition No. 1037 of 2009 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place on 6.7.2009 at about 8.00 A.M.. It was, interalia, averred in the Claim Petition that on 6.7.2009, the claimant-respondent no.1 was coming to Office from his village on Bicycle; and that when at about 8.00 A.M., the claimant-respondent no.1 reached the Bhatta beyond Chhote Hasanpur, a Motor Cycle bearing Registration No. UP 15 AD 3296 (hereinafter also referred to as "the vehicle in question"), which was being driven by its driver rashly and negligently, hit the Bicycle of the claimant-respondent no.1 from behind, as a result of which, the claimant-respondent no.1 fell down on the road and sustained serious injuri...

Harihar Cold Storage Vs. P V V N L. and Another

Court: Allahabad

1. With a view to run its Cold Storage, the petitioner applied to Benares Electric Light and Power Company Limited for supply of electrical energy under the provisions of the Benares City and Cantonment Electric License, 1967-68. The power connection was provided to the petitioner from 132 KV Sub-station, Contonment, Varanasi. An agreement to this effect was executed between the petitioner and the Benares Electric Light and Power Company Limited in the year 1925. Taking recourse of the entire distribution work of the electrical energy of Benares Electric Light and Power Company Limited stands vested in the U.P. State Electricity Board (in short 'UPSEB' and as a consequence thereof the petitioner became consumer of the said Board. An agreement was executed in this behalf which was renewed from time to time. In the meantime, the contracted load of the petitioner had gone various variations from time to time, which now stands as 128 KVA for which an agreement was executed between the peti...

Ramesh Chandra Yagik Vs. State of U.P. and Others

Court: Allahabad

Sudhir Agarwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 and 3 as well as Sri Ashok Kumar Lal, Advocate for respondent no. 2. 2. It is not in dispute that under statutory rules the age of retirement is 58 years. Statutory rules do not contain provision permitting any re-appointment or re-employment on the post concerned after the incumbent has attained age of superannuation and is liable to retire. When the age of retirement is provided in statutory rules, the incumbent after attaining the said age cease to continue by operation of law and it would not depend upon volition of any of the parties. 3. Learned counsel for the petitioner drew my attention to a Government Order dated 30.07.2008 which says that concerned cooperative societies may reappoint a Secretary after age of retirement for a further period of two years in case the Committee of Management so resolved. 4. However, learned counsel for the petitioner could not show that s...

Power Grid Corp. of India Limited Vs. Ajay Kumar Gupta and Others

Court: Allahabad

1. This appeal involves balancing of individual rights with public rights. It arises out of an order passed by the trial court granting temporary injunction in the following setting. THE FACTS 2. The Power Grid Corporation of India Limited (the Corporation) is a company incorporated under the Companies Act, 1956. Its shares are owned by the President of India: it is a Central Government Company. 3. The main purpose of the Corporation is to set up national infrastructure for distribution of electricity. 4. The Corporation has an electric sub-station in district Bareilly and another at Mandola, district Ghaziabad. The sub-station at Mandola is meant for distributing electricity in the national capital region (the NCR). 5. There is already an electric transmission line between Bareilly and Mandola sub-stations. However, in order to augment the distribution of electricity in the NCR, a proposal was made to construct loon-in and loopout (LILO) electrical line between Bareilly and Mandola vi...